BALWANT SINGH Vs. CHARAN SINGH AND OTHERS

JUDGEMENT

(1.) C. M. No. 8517-C-II of 2012 : For reasons mentioned in the application, which is accompanied by affidavit, delay of nine days in re-filing the appeal is condoned. C. M. No. 8518-C-II of 2012 : Allowed as prayed for. Main Appeal : Defendant no.1 Balwant Singh has filed this second appeal.

(2.) Respondents no.1 and 2/plaintiffs Charan Singh and his wife Gian Kaur filed suit against defendant no.1-appellant Balwant Singh and proforma respondent no.3-defendant no.2 Gurwinder Singh alleging that plaintiff no.2 had purchased property depicted by letters ACDF in the site plan along with adjoining property from Durga vide sale deed dated 04.01.1969. Plaintiff no.2 retained the suit property depicted by letters ACDF in the site plan, but sold the remaining property to one Prabha Singh. Suit property ACDF was retained to facilitate passing of water of houses of plaintiffs. However, in June 2004, in the absence of plaintiffs, defendants have illegally encroached upon the property depicted by letters BCDE in the site plan out of property ACDF by raising construction and by laying down underground pipe. On demand, the defendants refused to remove the construction and pipe. Accordingly, plaintiffs sought mandatory injunction directing the defendants to remove the same from portion BCDE and also permanent injunction restraining the defendants from opening any window, ventilator, door etc. towards property of plaintiff depicted by letters BDFA.

(3.) Defendants, while broadly controverting the averments of the plaintiffs, pleaded that disputed property BCDE is owned and possessed by defendants. Their old construction with roof of wooden ballas and shteers existed there and recently, defendants renovated the same by laying lintels. Defendants denied having encroached upon any part of the property of plaintiffs.